Erhart v. Bass

Citations

• 54 Tex. 97
• 1880 Tex. LEXIS 131

Syllabus

<p>1. Trespass to try title—Administrator’s sale.—The transcript in probate proceedings in a county court showed: 1. A valid administration. 3. An order to sell land at public or private sale. 3. A return of sale, which did not disclose whether the sale was a public or a private one, and an order which amounted to a confirmation of the sale. Evidence in connection therewith established the payment of the purchase money and that no deed was made. Held —</p> <p>1. The facts were sufficient to enable the purchaser to maintain trespass to try title.</p> <p>3. The title prima facie vested in the purchaser.</p> <p>3. Fact cases—Confirmation of sale.—See statement of case for order of probate court, held to be virtually a confirmation of an administrator’s sale.</p> <p>3. Query—Fraud.—Whether, in such a case, it would be sufficient to defeat the title claimed by the purchaser, to show that the sale was really made privately, and that the order of confirmation was made with knowledge of that fact, qucere?</p>